Park v. Brown

549 P.3d 934 (2024)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

A chain-link fence runs between two adjacent properties. It has existed in its current location since at least 1991. D and her then-husband, Jalal Husseini, acquired the title in Husseini's name in 2002. They planted a chokecherry tree in the extrapolated area around 2004. D was added to the title in 2005. On divorce, the superior court awarded the home and lot to D, and a clerk's deed affirming her title was issued in November 2010. In 2016, the Browns commissioned a survey that revealed that the fence intruded into their lot. After receiving notice of the encroachment, D responded in 2017 with a letter claiming she had already acquired title by adverse possession. P sued D to quiet title and for trespass in 2020. D asserted the affirmative defense of adverse possession. D moved for summary judgment, which the court denied. After a one-day bench trial, the court concluded that Dhad failed to establish the elements of adverse possession and entered final judgment for P. D appealed.

Issues

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Holding & Decision

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Legal Analysis

Legal analysis from Dean's Law Dictionary will be displayed here.

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